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in the obama administration, they were trying to demonstrate that civilian tools are adequate, they're tough enough to make everybody safe. so in that process, the public safety exception seems to be evolving for terrorism purposes. for example, just to sort of track, we remember the so-called christmas day bomber who was briefly interrogated under the public safety exception but then very quickly given his miranda rights. that got a firestorm of criticism as basically not being tough enough on terrorists. so the next high-profile event was the times square bomber. he was interrogated for hours before given his miranda warnings because you can ask somebody what is a reasonably objective standard to show imminent or immediate danger to the public or police, you can ask somebody those kind of questions. what are you asking about immediate danger and is there a reasonably objective belief that there is imminent danger and when you basically trying to elicit a confession. that's where it gets kind of gray. in this case, there's a very high-profile announcement that miranda isn't going to h
in the obama administration, they were trying to demonstrate that civilian tools are adequate, they're tough enough to make everybody safe. so in that process, the public safety exception seems to be evolving for terrorism purposes. for example, just to sort of track, we remember the so-called christmas day bomber who was briefly interrogated under the public safety exception but then very quickly given his miranda rights. that got a firestorm of criticism as basically not being tough enough on...
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Apr 20, 2013
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i don't think there's any question how the obama administration will come down on it. >> we move on. >> yes, we do. >>> as we mentioned, president obama appeared at the white house briefing room last night. he thanked authorities and said many unanswered questions remain. nbc's kristen welker is there this morning. kristen, good morning to you. >> all in all this has been a tough week. >> reporter: in a late-night appearance in the white house briefing room, president obama praised the quick work of the fbi, state and local officials who brought an end to five days of terror. >> and tonight because of their determined efforts we've closed an important chapter in this tragedy. >> reporter: administration officials say fbi director robert mueller broke the news to the president that federal agents had arrested the second suspect. homeland security adviser lisa monaco also briefed the president. >> how did they plan and carry out these attacks and did they receive help? >> reporter: the comments cap an extraordinary day which saw the boston area go into lockdown mode hours after the pre
i don't think there's any question how the obama administration will come down on it. >> we move on. >> yes, we do. >>> as we mentioned, president obama appeared at the white house briefing room last night. he thanked authorities and said many unanswered questions remain. nbc's kristen welker is there this morning. kristen, good morning to you. >> all in all this has been a tough week. >> reporter: in a late-night appearance in the white house briefing room,...
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Apr 20, 2013
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that's why i've been urging the obama administration to hold him as a potential enemy combatant so we can continue this dialogue apart from the criminal case. >> bret: okay. let me just play devil's advocate and say he is an american citizen. he became one he september 11, 2012. dzhokhar, some with say, should be afforded the rights of american citizens, should be given those rights. let's say he's not the guy and let's say he didn't place the bag. let's say, you know, of course, there is a lot of evidence that police and the f.b.i. are saying and they had him in that boat and we've all saw it live on tv. let's say he's not the guy. >> okay. >> bret: shouldn't he be given the miranda rights? >> he should be given miranda rights no matter what because if you're going to prosecute -- if you interview him to try to find out if he's guilty, he should get miranda rights. every person should if you're going to try to interview them to gain information to convict them in court. he's not entitled to miranda rights if he's a terrorist who is associated himself with enemies of the nation. ameri
that's why i've been urging the obama administration to hold him as a potential enemy combatant so we can continue this dialogue apart from the criminal case. >> bret: okay. let me just play devil's advocate and say he is an american citizen. he became one he september 11, 2012. dzhokhar, some with say, should be afforded the rights of american citizens, should be given those rights. let's say he's not the guy and let's say he didn't place the bag. let's say, you know, of course, there is...
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Apr 20, 2013
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status, but the obama administration has tremendous experience in the prosecution of terrorist suspects. they've looked at this issue and i'm completely confident they're going to do it through a federal court and you're not going to see the enemy combatant issue become a major issue for the obama administration. >> roger, the fact they are putting this special safety categorization right now, the saturday for the greater community, how long can that last? is there a time frame in which it will expire and they must mirandize him, get him an attorney if he wants one? >> well, i trust what pete williams says on these things and there is a period of time, 36 to 48 hours. it's somewhat fudgible. it will defend when aware enough and coherent enough to begin to answer questions. but remember, the exception is about imminent threat. does he know of any other terrorist plots? has he planted any other devices? it's about the immediate safety and security of american citizens. and once law enforcement has concluded that is not an issue anymore based on his questions, they'll then move on to what
status, but the obama administration has tremendous experience in the prosecution of terrorist suspects. they've looked at this issue and i'm completely confident they're going to do it through a federal court and you're not going to see the enemy combatant issue become a major issue for the obama administration. >> roger, the fact they are putting this special safety categorization right now, the saturday for the greater community, how long can that last? is there a time frame in which...
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Apr 20, 2013
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. >>> i want to share this brand new picture released by the white house showing president obama just a short time ago meeting with his national security team in the situation room. it shows the president there being briefed on the ongoing situation in the boston marathon bombing investigation. again, that photo just released by the white house a short time ago. >>> enemy combatant or criminal defendant? how will the investigation and the case against the marathon bombing suspect, how will it proceed? buck sexton is a former cia officer, currently with the blaze, susan crawford, professor at the core dough zoe school of law. thanks for being here. susan, i could tell during my conversation with the congressman, you were nodding but i couldn't tell whether you were nodding in agreement or whether you were nodding in disagreement? >> just interested in what the congressman has to say st. is a moment of great misery and pain and also great importance for the country and we try to figure out what to do so, i'm interested. >> buck what are investigators focusing on now? >> i work for the n
. >>> i want to share this brand new picture released by the white house showing president obama just a short time ago meeting with his national security team in the situation room. it shows the president there being briefed on the ongoing situation in the boston marathon bombing investigation. again, that photo just released by the white house a short time ago. >>> enemy combatant or criminal defendant? how will the investigation and the case against the marathon bombing...
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Apr 20, 2013
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>> reporter: well, the obama administration would never go for that, partly as a policy matter. they have made it quite clear that civilian courts are up to the task and they think in many ways better than military tribunals which are untested. civilian courts have convicted lots of terrorism defendants. it will be a federal case. they'll charge him withes with use of a weapons of mass destruction. the maximum penalty is the death penalty. the government will have to decide whether to seek that or not. there's an additional wrinkle here. he is an american citizen. he was a naturalized citizen last year oddly on 9/11 of last year, and there is an open legal question about whether even if the government wanted to, it could declare an american citizen captured on u.s. soil as an enemy combatant. it's an untested question. the government tried to do it in the case of jose padilla several years ago and as that case was about to go to the supreme court, the government changed its mind and put him into civilian court so we never did get an answer to that question legally. >> one questi
>> reporter: well, the obama administration would never go for that, partly as a policy matter. they have made it quite clear that civilian courts are up to the task and they think in many ways better than military tribunals which are untested. civilian courts have convicted lots of terrorism defendants. it will be a federal case. they'll charge him withes with use of a weapons of mass destruction. the maximum penalty is the death penalty. the government will have to decide whether to...
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Apr 20, 2013
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administration will consider the enemy combatant option. that means is that this suspect if recovers could be spent down to the military court system. the president signaled the open it? a statement saying what he believes distinguishes america is that we have our own civilian court system. so he's getting pressure tonight he is signaling he'll probably put him, if he survives. >> ed henry live this saturday morning. last time we heard from authorities the news was not good. authorities came to the microphone, told people they'd not been able to find a second suspect they were lifting shelter in place order but there are questions about this this investigation was going and then, just minutes later they located a second suspect in watertown. the area they'd been combing all day long. mike tobin with news he's live this morning. mike, end of this thing was tense. >> and the end of it happened here this, building you can see lit up behind me just past state troopers this is where it finalized. just on the other side of the house, the driveway
administration will consider the enemy combatant option. that means is that this suspect if recovers could be spent down to the military court system. the president signaled the open it? a statement saying what he believes distinguishes america is that we have our own civilian court system. so he's getting pressure tonight he is signaling he'll probably put him, if he survives. >> ed henry live this saturday morning. last time we heard from authorities the news was not good. authorities...